PUBLIC HEARING & COUNCIL MEETING MINUTES February 11 th, 2019

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1 PUBLIC HEARING & COUNCIL MEETING MINUTES February 11 th, 2019 The Common Council of the City of Kokomo, Indiana met Monday, February 11 th, 2019 at 6:00 P.M. in the Council Chambers for the purpose of a Public Hearing on Ordinance #6926. Present: Wyant, Cameron, Young, Haworth, Kennedy, Hayes, Whikehart, Sanders, Miklik Absent: None President Hayes called for any comments from the audience, hearing none the Public Hearing was adjourned. COUNCIL MEETING MINUTES February 11 th, 2019 The Common Council of the City of Kokomo, Indiana met Monday February 11 th, 2019 at 6:00 P.M. in the City Hall Council Chambers. The meeting was called to order by President Hayes. President Hayes states, those who wish to stand may stand, or you may remain seated. Invocation was offered by Pastor Mike Ennis from Victory Baptist Church. Present: Wyant, Cameron, Young, Haworth, Kennedy, Hayes, Whikehart, Sanders, Miklik Absent: None

2 Council Meeting Minutes February 11 th, 2019 Page-2 The minutes of the Council Meeting Minutes January 28 th, 2019 were declared approved as presented. COMMUNICATIONS: President Hayes states, I need to acknowledge that each of the Council Members have received the Annual Report, for the Economic Development Commission s Activities, and Finances during Calendar year We have (2) Introductions tonight: #Ordinance 6928 Petition For Vacation (Portion of Buckeye Street adjacent to the West side of 1311 North Ann Street), and Ordinance #6929 Petition For Vacation (Portion of Ricketts Street adjacent to the South side of 610 East Ricketts Street) The schedule for these two ordinances will be as follows: First reading February 25 th, 2019, March 11 th, 2019 Public Hearings, and second reading being final. There were no committee reports given at this regular meeting. ORDINANCE 6926: Additional Appropriation from the General Fund in the amount of $1,480,125 Additional Appropriation from the Motor Vehicle Highway Fund in the amount of $2,300,000 Second reading Ordinance 6926 was read by the Clerk by title only. Councilman Kennedy moved for passage on ordinance #6926 on second reading; seconded by Councilman Haworth. Councilman Kennedy states, there are two items on this particular ordinance; one item of $1,480,125 will be for payment for the Municipal Sport Stadium.

3 Council Meeting Minutes February 11 th, 2019 Page-3 Cont. Ordinance #6926. A total of $364,125 for the Annual Principal, and Interest payment for the Riverfront District. The amount of $170,000 for interest payment of the YMCA; and additional $2.3 Million for Street Resurfacing from the Highway Fund. The Public Hearing that we just had, was concerning this ordinance. Vote for passage follows: Aye: All Nay: None The vote was 9 to 0 for passage on second reading. ORDINANCE 6927: ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF KOKOMO, INDIANA TAXABLE ECONOMIC DEVELOPMENT TAX INCREMENT REVENUE BONDS, SERIES 2019 (SYCAMORE APARTMENTS PROJECT), AND THE LENDING OF THE PROCEEDS THEREOF TO BORROWER, AND AUTHORIZING AND APPROVING OTHER ACTIONS IN RESPECT THERETO Second reading Ordinance 6927 was read by the Clerk by title only. Councilman Whikehart moved for passage on ordinance #6927 on second reading; seconded by Councilman Wyant. Councilman Whikehart states, I will talk about the actual Bond. This bond is not a traditional debt for the City. The City is issuing this bond to support new development of a residential complex at Sycamore and Apperson. Without this support from the City, this development would not have occurred, and that land would have remained underutilized.

4 Council Meeting Minutes February 11 th, 2019 Page-4 Cont. Ordinance #6927. This bond will also be put before the Kokomo Redevelopment Commission, and the Economic Development Commission for review, recommendation, and approval. The Developer is responsible for the purchase of this bond. The private Developer is 100% responsible for its repayment. This does duck-tail with Ordinance Re-Districting that we did for Tiff back in January The Project consists of planning, designing, acquisition, construction, and equipping by the Borrower of approximately 58 market rate apartments. We have the Director of Development here tonight if anyone has any questions about the Bond or Scott Pitcher to answer any questions about the actual Development. I would urge passage on second reading Councilwoman Young states, Economic Development has taken a look at this. Vote for passage follows: Aye: All Nay: None The vote was 9 to 0 for passage on second reading. RESOLUTION 2725: Transfer of Funds within the MVH Fund to the MVH Restricted Fund in the amount of $1,590,000 Resolution 2725 was read by the Clerk by title only. Councilman Kennedy moved for passage on resolution #2725; seconded by Councilman Wyant. Councilman Kennedy states, this is merely a transfer of funds; because of a change in the State Law requiring us to put this money into a #203 Fund instead of #201 Fund. This is not new money.

5 Council Meeting Minutes February 11 th, 2019 Page-5 Cont. Resolution #2725. Vote for passage follows: Aye: All Nay: None The vote was 9 to 0 for passage. President Hayes states, this marks the end of this Council Meeting, and our next Council Meeting will be February 25 th, 2019 with an Informational Meeting at 5:30 P.M. Council Meeting at 6:00 P.M. in the Council Chambers. Adjourned at 6:10 P.M. ATTEST: Presiding Officer City Clerk

6 AGENDA KOKOMO COMMON COUNCIL CITY OF KOKOMO, INDIANA PUBLIC INFORMATIONAL MEETING AT 5:30 P.M. IN THE LOUKS CONFERENCE ROOM LOCATED ON THE FIRST FLOOR. COUNCIL MEETING AT 6:00 P.M. IN THE COUNCIL CHAMBERS. FEBRUARY 25 th, 2019 COUNCIL CHAMBERS CITY HALL 100 SOUTH UNION STREET CALL TO ORDER: INVOCATION: PLEDGE: ROLL CALL: APROVAL OF MINUTES: Public Hearing & Council Meeting Minutes February 11 th, 2019 COMMUNICATIONS: COMMITTEE REPORTS: ORDINANCE 6928: Wyant AN ORDINANCE VACATING RIGHT- OF-WAY LOCATED IN THE CITY OF KOKOMO, INDIANA First reading ORDINANCE 6929: Haworth AN ORDINANCE VACATING RIGHT- OF-WAY LOCATED IN THE CITY OF KOKOMO, INDIANA First reading

7 Cont. agenda ORDINANCE 6930: Rezoning: R3 to NC Young Location: 1424 South Plate Street Petitioner: Karen Oliver First reading

8 BEFORE THE COMMON COUNCIL OF THE CITY OF KOKOMO ORDINANCE NO.6928 NOTICE OF HEARING ON PETITION FOR VACATION OF RIGHT-OF-WAY Please take notice that pursuant to I.C , Hawks Corporate Properties, LLC, has filed with the Common Council of the City of Kokomo, a petition for the vacation of a right-of-way described as follows: Street Address or Common Description: West side of 1311 N. Ann St. Legal description: All that part of Buckeye Street in the James D. K. Kennedy Addition to Kokomo, as recorded in Recorder s Plat Book 2 Page 166 that lies adjacent to the West side of Lots 34 through 37 in said Addition, and South of Tate Street (formerly Winchester Street) as recorded in Recorder s Plat Book 3 Page 82. The Common Council of the City of Kokomo has set a hearing on this petition for the 11th day of March 2019, at 6:00 pm in the Ralph Neal Council Chambers, City Hall, 100 South Union Street, Kokomo, Indiana. At this time, the Council will hear any person who is interested or affected by this proposed petition or anyone submitting a remonstrance against said petition. COMMON COUNCIL OF THE CITY OF KOKOMO, INDIANA Robert L. Hayes Sr., President Brenda Ott, Clerk

9 BEFORE THE COMMON COUNCIL OF THE CITY OF KOKOMO ORDINANCE NO.6928 PETITION FOR VACATION Hawks Corporate Properties LLC petitions the Common Council of the City of Kokomo for the vacation of a right-of-way and in support of the Petition shows the Council as follows: 1. Petitioner proposes to vacate: All that part of Buckeye Street in the James D. K. Kennedy Addition to Kokomo, as recorded in Recorder s Plat Book 2 Page 166 that lies adjacent to the West side of Lots 34 through 37 in said Addition, and South of Tate Street (formerly Winchester Street) as recorded in Recorder s Plat Book 3 Page The right-of-way when vacated will be attached to the petitioners adjoining real estate. 3. The names and addresses of the owners of real estate abutting or near the said public way are as follows: Bowen, Bryan Keith & Bryan Keith II & Susan Rene & Bradley Kyle 2623 E 00 NS Kokomo IN Harrison, William G 5203 Mohawk Dr Kokomo IN Black and Gold 6 LLC 9068 E 400 N Greentown IN The utility companies that may be affected include the following: NIPSCO; 2000 Home Avenue, Kokomo, IN Indiana American Water Company, Inc.; 1700 East Superior Street; P.O. Box 740; Kokomo IN Comcast; 1002 East Center Road; Kokomo, IN Duke Energy Corp.; 1619 W Deffenbaugh St.; Kokomo IN AT&T Indiana; Right-Of-Way Dept.; 302 W Washington Street, Floor 1; Lebanon, IN Vacating the above right-of-way is appropriate for the following reasons: A. Petitioner owns an interest in real estate adjoining the right-of-way to be vacated. B. Vacating the right-of-way will not hinder or interfere with the public's access to any of the adjoining real estate. C. The proposed vacation of the right-of-way will not hinder the growth or development of the neighborhood, but will allow the petitioner to redevelop and grow within the neighborhood. D. Vacating the right-of-way will facilitate the development of all of the real estate in the affected block. Wherefore Petitioner requests: 1. A hearing on this petition be set within thirty (30) days after it is received by the Council. 2. The Clerk of the Council to publish notice of the hearing on this petition as required by I.C (c) in the manner prescribed in I.C in the form and content as attached as Exhibit A hereto. 3. After such notice and hearing, the Council approves the proposed ordinance attached to this petition vesting the entire vacated right-of-way to the adjoining property owners as set forth above. Dated this 25 th day of February, City of Kokomo, By: Beth Copeland, Corporation Counsel

10 BEFORE THE COMMON COUNCIL OF THE CITY OF KOKOMO ORDINANCE NO AN ORDINANCE VACATING RIGHT-OF-WAY LOCATED IN THE CITY OF KOKOMO, INDIANA WHEREAS, Hawks Corporate Properties LLC has petitioned this body to vacate a portion of a certain right-of-way located in the City of Kokomo, more particularly described hereafter, and WHEREAS, this Council conducted a public hearing on the , at 6:00 p.m., pursuant to the provisions of I.C (c) following presentation of proof of publication pursuant to I.C 5-3-1; and WHEREAS, notice of the proposed vacation was served on all necessary parties; and WHEREAS, the vacation of the right-of-way would not limit access to any real estate or hinder the growth or development of the neighborhood in which it is located; and WHEREAS, City sewers are maintained in the right-of-way, and per statute an easement is maintained over said utility line; and WHEREAS, the Common Council of the City of Kokomo deems it appropriate and necessary to vacate said right-of-way as it no longer serves any public purpose. NOW, THEREFORE, be it ordained by the Common Council of the City of Kokomo, Indiana, that: SECTION I It is hereby found that the portion of right-of-way hereafter described should be vacated. Said right-of-way is not currently used for access to any real estate and will not hinder the public's access to a church, school, or other public building or place, or make access to any real estate by the public difficult or inconvenient. It is determined that such proposed vacation of the right-of-way complies with the purposes and provisions of I.C through I.C SECTION II It is hereby found that proper notice was given in accordance with I.C (c) and I.C SECTION III It is hereby found that the following described right-of-way located in the City of Kokomo, Indiana, should be, and it is hereby vacated:

11 Legal description: All that part of Buckeye Street in the James D. K. Kennedy Addition to Kokomo, as recorded in Recorder s Plat Book 2 Page 166 that lies adjacent to the West side of Lots 34 through 37 in said Addition, and South of Tate Street (formerly Winchester Street) as recorded in Recorder s Plat Book 3 Page 82. The right-of-way when vacated will be attached to the adjoining real estate. SECTION IV The City Clerk of the City of Kokomo, Indiana is instructed to furnish a copy of this vacation Ordinance to the Howard County Recorder for recording and to the Howard County Auditor. SECTION V This Ordinance shall be in full force and effect from and after its passage by this Council and its approval and signing by the Mayor of the City of Kokomo. PASSED AND ADOPTED THIS 11 th day of March, ATTEST: CLERK: BRENDA OTT COMMON COUNCIL OF THE CITY OF KOKOMO, INDIANA By ROBERT L. HAYES SR., PRESIDENT Presented by the Clerk of the Common Council of the City of Kokomo to the Mayor of the City of Kokomo, Indiana on this 11 th day of March, 2019 at Kokomo, Indiana, for approval by his signature below. ATTEST: CLERK: BRENDA OTT By GREG GOODNIGHT Mayor of the City of Kokomo, Indiana This instrument prepared by: Beth Copeland, Corporation Counsel I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Beth Copeland

12 42.57' 33' 44.80' 38.8' Wolf, Steven P & Jackie S H&W 20' 10' 20' Chicago, St Louis and Pittsburgh Railroad Company ' ' (23.75rods) Lot 1 MCGLYNN N 76 30' E 213' TATE ST 1420 N 35' 35' 72' ( rods) ' 0.88 ac Bowen, Bryan Keith & Bryan Keith II & Susan Rene & Bradley Kyle JT TEN W/R/S Wolf, Steven P & Jackie S H&W BUCKEYE ST 40' AVERY'S 63' 120.5' 125' 111.5' 116' Lot 40 Lot ' Lot 42 Lot ' Mervis Industries Inc VACATED 16' VACATED ALLEY 30' Lot 17 Lot 18 Lot 19 Lot ' 134' Lot ' 134' 134' 138' City Of Kokomo WASHINGTON ST 60' DEDICATED 20' 47' 81.18' 132' 28.14' 20' 20' µ N Lucas, Michael H Lot 5B 43' Lot 6A RODKEY & LEHMAN 2ND 1300 N Lucas, Michael H 1400 N 66' 84.32' Lot 7A 1320 N 1314 N Sunday, Neil E Lot ac Lot 7B Lot 8J;8I 132' 165' 40' inch = 50 feet ' Lucas, Michael H 66' Lot W Gurske, Michael J Carver, Ronald D TR, Carver, Ronald D & Carver, Jill D Co-Trustee Harrell, James S Jr 22' 0.09 ac Harrison, William G 132' 20' Harrell, James S Jr Lot 2B NORTH ST PROPOSED 22.29' N7 30'E ' Hawks Corporate Properties LLC 10' RXR R/W Lot 36 Lot 35 Lot 34 Lot 37 N26 30'W ' 129.5' 134' 138.5' 35' 55' 55' 110' 218 W P C C & St L Rr DEDICATED Lot ' Lot 33 94' Lot 32 63' 143' Lot 31 RODKEY & LEHMAN 1ST 100' CORYDON RICHMOND Ordinance ' 8' 20' 47' 31.2' VACATED 8' 18.8' Toledo St Louis & Western R R TATE ST Brandt, David & Laura A H&W Black & Gold 6 LLC JAMES D K KENNEDY 118' 134' Lot 28A Lot 28B Lot 29A Lot 29B Lot 30 30' Lot 22 Lot 23 Lot ' Lot 26 Lot W Lot 21 Lot ' + 3' 1315 N Black and Gold 6 LLC 31.2' Hawks Corporate Properties LLC 1311 N Legend Rights-of-Way Type 47' DEDICATED ' ANN ST PROPOSED TO BE VACATED VACATED Lee, Patrick J 28

13 BEFORE THE COMMON COUNCIL OF THE CITY OF KOKOMO ORDINANCE NO.6929 NOTICE OF HEARING ON PETITION FOR VACATION OF RIGHT-OF-WAY Please take notice that pursuant to I.C , Kokomo Community Development Corporation, has filed with the Common Council of the City of Kokomo, a petition for the vacation of a right-of-way described as follows: Street Address or Common Description: South side of 610 E Ricketts St Legal description: A part of Ricketts Street in the Superior Addition to Kokomo, as recorded in Recorder s Plat Book 3 Page 91 that lies adjacent to the South side of Lot 58 in said Addition, more particularly described as follows: Beginning at the southwest corner of said Lot 58; thence South 20 feet; thence East parallel with the South line of said Lot 58, 142 feet; thence South 10 feet; thence East 38; thence North 33 East feet to a point on the East line of said Superior Addition and the west Right-of-way of the Railroad; thence North West feet to the southeast corner of said Lot 58; thence West feet along the south line of said Lot 58 to the place of beginning. The Common Council of the City of Kokomo has set a hearing on this petition for the 11th day of March 2019, at 6:00 pm in the Ralph Neal Council Chambers, City Hall, 100 South Union Street, Kokomo, Indiana. At this time, the Council will hear any person who is interested or affected by this proposed petition or anyone submitting a remonstrance against said petition. COMMON COUNCIL OF THE CITY OF KOKOMO, INDIANA Robert L. Hayes Sr., President Brenda Ott, Clerk

14 BEFORE THE COMMON COUNCIL OF THE CITY OF KOKOMO ORDINANCE NO.6929 PETITION FOR VACATION Kokomo Community Development Corporation petitions the Common Council of the City of Kokomo for the vacation of a right-of-way and in support of the Petition shows the Council as follows: 1. Petitioner proposes to vacate: A part of Ricketts Street in the Superior Addition to Kokomo, as recorded in Recorder s Plat Book 3 Page 91 that lies adjacent to the South side of Lot 58 in said Addition, more particularly described as follows: Beginning at the southwest corner of said Lot 58; thence South 20 feet; thence East parallel with the South line of said Lot 58, 142 feet; thence South 10 feet; thence East 38; thence North 33 East feet to a point on the East line of said Superior Addition and the west Right-of-way of the Railroad; thence North West feet to the southeast corner of said Lot 58; thence West feet along the south line of said Lot 58 to the place of beginning. 2. The right-of-way when vacated will be attached to the petitioners adjoining real estate. 3. The names and addresses of the owners of real estate abutting or near the said public way are as follows: Brown, Kimber L 1820 S Purdum St Kokomo IN The utility companies that may be affected include the following: NIPSCO; 2000 Home Avenue, Kokomo, IN Indiana American Water Company, Inc.; 1700 East Superior Street; P.O. Box 740; Kokomo IN Comcast; 1002 East Center Road; Kokomo, IN Duke Energy Corp.; 1619 W Deffenbaugh St.; Kokomo IN AT&T Indiana; Right-Of-Way Dept.; 302 W Washington Street, Floor 1; Lebanon, IN Vacating the above right-of-way is appropriate for the following reasons: A. Petitioner owns an interest in real estate adjoining the right-of-way to be vacated. B. Vacating the right-of-way will not hinder or interfere with the public's access to any of the adjoining real estate. C. The proposed vacation of the right-of-way will not hinder the growth or development of the neighborhood, but will allow the petitioner to redevelop and grow within the neighborhood. D. Vacating the right-of-way will facilitate the development of all of the real estate in the affected block. Wherefore Petitioner requests: 1. A hearing on this petition be set within thirty (30) days after it is received by the Council. 2. The Clerk of the Council to publish notice of the hearing on this petition as required by I.C (c) in the manner prescribed in I.C in the form and content as attached as Exhibit A hereto. 3. After such notice and hearing, the Council approves the proposed ordinance attached to this petition vesting the entire vacated right-of-way to the adjoining property owners as set forth above. Dated this 25 th day of February, City of Kokomo, By: Beth Copeland, Corporation Counsel

15 BEFORE THE COMMON COUNCIL OF THE CITY OF KOKOMO ORDINANCE NO AN ORDINANCE VACATING RIGHT-OF-WAY LOCATED IN THE CITY OF KOKOMO, INDIANA WHEREAS, Kokomo Community Development Corporation has petitioned this body to vacate a portion of a certain right-of-way located in the City of Kokomo, more particularly described hereafter, and WHEREAS, this Council conducted a public hearing on the , at 6:00 p.m., pursuant to the provisions of I.C (c) following presentation of proof of publication pursuant to I.C 5-3-1; and WHEREAS, notice of the proposed vacation was served on all necessary parties; and WHEREAS, the vacation of the right-of-way would not limit access to any real estate or hinder the growth or development of the neighborhood in which it is located; and WHEREAS, City sewers are maintained in the right-of-way, and per statute an easement is maintained over said utility line; and WHEREAS, the Common Council of the City of Kokomo deems it appropriate and necessary to vacate said right-of-way as it no longer serves any public purpose. NOW, THEREFORE, be it ordained by the Common Council of the City of Kokomo, Indiana, that: SECTION I It is hereby found that the portion of right-of-way hereafter described should be vacated. Said right-of-way is not currently used for access to any real estate and will not hinder the public's access to a church, school, or other public building or place, or make access to any real estate by the public difficult or inconvenient. It is determined that such proposed vacation of the right-of-way complies with the purposes and provisions of I.C through I.C SECTION II It is hereby found that proper notice was given in accordance with I.C (c) and I.C SECTION III It is hereby found that the following described right-of-way located in the City of Kokomo, Indiana, should be, and it is hereby vacated:

16 Legal description: A part of Ricketts Street in the Superior Addition to Kokomo, as recorded in Recorder s Plat Book 3 Page 91 that lies adjacent to the South side of Lot 58 in said Addition, more particularly described as follows: Beginning at the southwest corner of said Lot 58; thence South 20 feet; thence East parallel with the South line of said Lot 58, 142 feet; thence South 10 feet; thence East 38; thence North 33 East feet to a point on the East line of said Superior Addition and the west Right-of-way of the Railroad; thence North West feet to the southeast corner of said Lot 58; thence West feet along the south line of said Lot 58 to the place of beginning. The right-of-way when vacated will be attached to the adjoining real estate. SECTION IV The City Clerk of the City of Kokomo, Indiana is instructed to furnish a copy of this vacation Ordinance to the Howard County Recorder for recording and to the Howard County Auditor. SECTION V This Ordinance shall be in full force and effect from and after its passage by this Council and its approval and signing by the Mayor of the City of Kokomo. PASSED AND ADOPTED THIS 11 th day of March, ATTEST: CLERK: BRENDA OTT COMMON COUNCIL OF THE CITY OF KOKOMO, INDIANA By ROBERT L. HAYES SR., PRESIDENT Presented by the Clerk of the Common Council of the City of Kokomo to the Mayor of the City of Kokomo, Indiana on this 11 th day of March, 2019 at Kokomo, Indiana, for approval by his signature below. ATTEST: CLERK: BRENDA OTT By GREG GOODNIGHT Mayor of the City of Kokomo, Indiana This instrument prepared by: Beth Copeland, Corporation Counsel I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Beth Copeland

17 49' HOFFER ST PURDUM ST 49' 81.5' 1800 S 1804 S 1806 S 1808 S 1820 S 1810 S 1812 S 1816 S 115' Lot 50 Lot 51 Lot 52 Lot 53 Lot 54 Lot 55 Lot 56 Lot 57 BGKEY Estate Holdings LLC 132' Haworth, Rhonda K Howe, Alan P Brown, Kimber L 132' Hall, Terry Scott Lot 58A Penny Foreclosures III LLC Keck, Patricia Haworth, Zachary 20' 249' RICKETTS ST 33.6' Lot 58B2 SUPERIOR ADDITION 59.4' Lot 58 40' 142' N 31 2 Kokomo Community Development Corporation 610 E ' DEDICATED N 27 09'14" W ' ' PROPOSED 10' Kokomo Humane Society Inc HOME AV 38' 12.03' 729 E 22.46' ' Kokomo Community Development Corporation City Of Kokomo Legend Rights-of-Way Type µ 1 inch = 40 feet Ordinance 6929 DEDICATED PROPOSED TO BE VACATED Common Council Districts Member Name, District # Donnie Haworth, 4

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